From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO USN, XXX-XX- Ref: (a) Title 10 U.S.C. §1552 (b) COMNAVCRUITCOMINST 1130.8 (series) (c) COMNAVCRUITCOM msg 292115Z Sep 15 Encl: (1) DD Form 149 w/attachments (2) DD Form 4 of 2 Jun 14 (3) Enlistment Guarantees – Annex “A” (4) Enlistment Guarantees – Annex “B” (5) Member Data Summary (6) Enlistment Guarantees – Annex “C” (7) DD Form 2475 of 21 Apr 17 w/enclosure (8) DD Form 2475 of 28 Mar 18 w/enclosure (9) NRC ltr 1133 Ser N35 of 13 Mar 20 (10) Petitioner Rebuttal Statement of 8 Sep 20 1. Pursuant to the provisions of reference (a) Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to establish entitlement to Loan Repayment Program (LRP) for Navient Loan. 2. The Board, reviewed Petitioner’s allegations of error and injustice on 29 October 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of enclosures (1) through (10), relevant portions of Petitioner’s naval records, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. In accordance with reference (b), the Service will pay the lesser of the original loan amount or the unpaid balance at the time of accession (not to exceed $65,000). Accrued interest, fines, penalties, or processing fees cannot be paid by the Service. Additionally, loan payments will be made directly to lender(s) and the Service will not refund any amount of the loan paid by other parties. Reference (c), outlines the active duty enlisted loan repayment eligible ratings. c. On 2 June 2014, Petitioner enlisted in the U.S. Naval Reserve for a term of 8-years. NAVCRUIT 1133/52, Enlistment Guarantees – Annex “A” listed Gunner’s Mate (GM/SG) Class “A” School Guarantee. See enclosures (2) and (3). d. On 22 September 2014, Petitioner reclassified to the Advanced Technical Field Special Warfare Operator (ATF/SO 6YO) Challenge Program, and was issued NAVCRUIT 1133/52, Enlistment Guarantess – Annex “B” that included Loan Repayment Program (LRP) – Up to $65,000. See enclosure (4). e. On 24 March 2015, Petitioner entered active. See enclosure (5). f. On 8 October 2015, Petitioner reclassified to the Advanced Technical Field Explosive Ordnance Disposal (ATF-EOD 6YO) Challenge Program, and was issued NAVCRUIT 1133/52, Enlistment Guarantess – Annex “C” that included Loan Repayment Program (LRP) – Up to $65,000. See enclosure (6). g. On 25 January 2016, Petitioner completed Explosive Ordinance Disposal (EOD) “A” school. See enclosure (5). h. On 21 April 2017, Certifying Officer signed Petitioner’s DD Form 2475, DOD Education Loan Repayment Annual Application. Section 4 (Lender Verification) reflects original loan amount of $2,625 was disbursed on 29 August 2006 and original loan amount of $4,500 was disbursed on 7 September 2007. See enclosure (7). i. On 28 March 2018, Certifying Officer signed Petitioner’s DD Form 2475, DOD Education Loan Repayment Annual Application. Section 4 (Lender Verification) reflects original loan amount of $2,625 was disbursed on 29 August 2006 and original loan amount of $4,500 was disbursed on 7 September 2007. See enclosure (8). j. On 13 March 2020, Navy Recruiting Command (NRC) provided an unfavorable advisory opinion (AO) to enclosure (1); Petitioner’s request for “removal of the LRP from record”. NRC recommended disapproval of relief based on the Navy meeting its obligation in regard to the LRP payments. NRC also indicated that Defense Finance and Accounting Service has submitted $12,978.55 to Petitioner’s Loans minus the 25% federal tax-withholding rate of $3115.87. See enclosure (9). k. On 8 September 2020, Petitioner provided a statement in response to NRC findings. Petitioner clarified that he was not requesting LRP to be removed from the record and acknowledged that payments have been made to the Loans. However, reiterated his request for assistance with getting the Loan payments processed. See enclosure (10). CONCLUSION The Board unanimously concluded Petitioner’s request warrants favorable corrective action. In this regard, the Board recognized the AO did not properly address Petitioner’s contentions. However, the Board determined Petitioner met the eligibility criteria for LRP in accordance with references (b) and (c) and had three outstanding loans prior to enlistment that did not exceed $65,000. A review of Petitioner’s pay account confirms payments were been made to Petitioner’s Loans; however, there is no indication of the Loan being processed for payment. Although the proper administrative requirements were not completed, the Board felt under these circumstances relief is warranted. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner completed and submitted DD Form 2745, DOD Education Loan Repayment Annual Application for the Loan during the recruiting process; application was approved prior to accession onto active duty. Petitioner must contact the Navy Recruiting Command LRP Program Manager at cnrfc_lrp-eb@navy.mil or (901) 874-7659, to complete the process. 4. It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 5. The foregoing action of the Board is submitted for your review and action. 1/7/2021 Executive Director Assistant General Counsel (Manpower and Reserve Affairs) Reviewed and Approved Board Recommendation (Grant Relief) 1/26/2021 Assistant General Counsel (M&RA)